Ohio Questions & Answers

Q: A tree on state game land property fell onto my property damaging a fence. Who is responsible for cleanup and repairs

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Sep 24, 2018
Joseph Jaap's answer
Talk to the game land people to find out if they have a claim process. Also talk to your insurance agent.

Q: How can I get my rights as a father the DNA test is already done. I just don't know how to get my parental rights.

1 Answer | Asked in Family Law for Ohio on
Answered on Sep 24, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local family law attorney to review all the facts, advise you, and file with the court. You also will probably be required to start paying child support if you file.

Q: Can the police take a pic of my son off his personal phone to show a victim to identify him and ? My 15 without an adult

1 Answer | Asked in Civil Rights for Ohio on
Answered on Sep 21, 2018
Matthew Williams' answer
How did the police acquire his phone? How did they acquire the picture? Was the phone locked? They can talk to him and even arrest him without parental consent, but getting into locked cellphones now requires a warrant under most circumstances. With kids, there are a few circumstances it may not such as if a teacher got the password from the child, opened the phone, and gave the picture to the police, or if the child consented to the search (though consent can get complicated with children and...

Q: What's most likely sentence for being Charged with (F4) 2925.03(A)(C)(1A) TRAFFICING IN DRUGS, Huron Co. Common Plea

1 Answer | Asked in Criminal Law for Ohio on
Answered on Sep 21, 2018
Matthew Williams' answer
The most likely sentence depends heavily on the individual's history. The list of charges, trafficking, possession, tampering, and criminal tools, doesn't include any high level felonies so a first time offender has an excellent chance at probation. But a person with a bad history could wind up with a couple of years in prison.

Q: What are my rights?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Sep 21, 2018
Matthew Williams' answer
You can file for a civil protection order for one, and probably should. While there will be an order in place during her criminal case, it will end. Civil orders can be granted for as long as 5 years, and can be renewed. Additionally, there may be some custody issues that need to be addressed depending on the situation with your fiance's children.

Q: Is a landlord in Ohio required to pay interest on a security deposit (ORC 5321.16)?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Sep 20, 2018
Joseph Jaap's answer
Just like it says in section (a): Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.

Q: How do I get guardianship of my niece and nephew? They are 17 and 15 yrs of age

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Sep 20, 2018
Joseph Jaap's answer
Start by contacting local children's services. After that, use the Find a Lawyer tab to retain a local attorney who handles guardianships.

Q: I own property in OH, paid cash. Tax exempt to transfer property to LLC, which wife and I are members? Which exemption?

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Answered on Sep 20, 2018
Joseph Jaap's answer
Choice 5(m), and you must provide an affidavit with all the details. Talk to your county auditor for details.

Q: In Ohio: Does a 16 yr old have to abide by the child visitation originally set in court

1 Answer | Asked in Family Law for Ohio on
Answered on Sep 20, 2018
Joseph Jaap's answer
Yes. Parents and children all must follow all court orders for custody and visitation. If not followed, the court can find someone in contempt. If any change to visitation is desired, a request for change must be filed with the court, and the court will decide if the change is in the best interest of the child based on all the facts and circumstances properly submitted to the court as evidence. The court can consider the wishes of an older teen, but the court makes the final decision.

Q: If u live with someone how long does it take b coming law marry

1 Answer | Asked in Divorce and Family Law for Ohio on
Answered on Sep 20, 2018
Joseph Jaap's answer
Living with someone will not result in a marriage. States no longer recognize common law marriage. The only way to become married is to obtain a marriage license and have the marriage officially performed according to state law where you live.

Q: As renter who moved in May2018 never got a security deposit but got a bill for cleaning and damages. It that legal?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Sep 20, 2018
Joseph Jaap's answer
It isn't illegal for a landlord to attempt to collect for damages, and to send to a collection agency, or to file a lawsuit to collect. But Ohio law requires landlord to send an itemized list of any damage within 30 days, and if you didn't get it, you have a defense. You would have a right to defend against the lawsuit and have a lawyer represent you. But a lawsuit becomes a permanent court record, and even if landlord does not sue, landlord could make an adverse entry on your credit record,...

Q: What if the vehicle's lease doesn't provide that non-OEM parts will diminish the value of the vehicle?

1 Answer | Asked in Contracts for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
If the contract requires OEM parts, it requires OEM parts. It doesn't need to day why, and, after all, isn't it obvious why?

Q: Can I prosacute a case that is over the Ohio Statute of Limitations

1 Answer | Asked in Elder Law for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
It is probably too late, but you can contact adult protective services to see if there is anything they can do: https://dsas.cuyahogacounty.us/en-US/adult-protective-services.aspx

Q: If i have a hearing by the board and their lawyer and still do not feel the assessment is fair do I have any recourse ?

1 Answer | Asked in Small Claims for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
You could always take them to court...since I'm guessing this a condo board (yes?) you may want to try to work it out with them first.

Q: How soon can a hearing be set after service of an amended pleading?

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
The court can hold hearings whenever it wants really. If there are outstanding pleadings, that can be addressed with the court at hearing. The Ohio Rules of Civil Procedure do set the time responding to an amended pleading: "Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later." Ohio R. Civ. Pro 15(A).

Q: Can my ex girlfriend keep my daughter from me if we dont have a court ordered visitation schedule?

1 Answer | Asked in Family Law for Ohio on
Answered on Sep 19, 2018
Joseph Jaap's answer
Yes, she can, because you were not married. So she has full custody, and you have no rights until a court says you do. So she gets to make all the decisions. And she can file to have you start paying child support. Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you.

Q: Does a biological dad have rights to see his child if he isn't on the birth certificate?

1 Answer | Asked in Child Custody for Ohio on
Answered on Sep 19, 2018
Joseph Jaap's answer
A court must grant biological father parental rights. Name on or off birth certificate is not enough. He should use the Find a Lawyer tab and retain a local family law attorney to advise him and file in court.

Q: I would like to know if there is something legal I have to worry about if I left my house 9 mths ago and want to return.

1 Answer | Asked in Family Law for Ohio on
Answered on Sep 19, 2018
Joseph Jaap's answer
Ask your husband if it is a problem or if he will take you back. Because you left and abandoned your son and him, he can file for divorce and ask for exclusive occupancy of the home until the divorce is finalized.

Q: Do i have to pay child support?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Answered on Sep 18, 2018
Joseph Jaap's answer
If the court orders you to pay child support, you must pay it, or be found in contempt of court and possible put in jail. Use the Find a Lawyer tab to retain a local family law attorney to review the facts of your situation and advise you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.